The third edition of 'Millington and Sutherland Williams on the Proceeds of Crime' (OUP) has been praised for its well structured and authoritative approach in this week's Law Society Gazette. The book, co-written by 3PB AFG head Mark Sutherland Williams, was recognised as an essential companions for proceeds of crime practitioners; being both definitive and easy-to navigate, while striking a welcome balance for practitioners. A full copy of the review may be read in the Law Society Gazette.
AFG head Mark Sutherland Williams has had his latest article on civil recovery under the Proceeds of Crime Act 2002 published in the Criminal Bar Quarterly. The article, co-written with Tom Jaggar, a HMRC pupil formerly seconded to 3PB, considers the seismic changes that have occurred in civil recovery practice and procedure since Part 5 of POCA was originally introduced.
Iain MacWhannell and Mark Sutherland Williams have had their article 'The Seizure and Forfeiture of Excise Goods' published in this week's edition of Criminal Law and Justice Weekly. The article, which was co-written with former 3PB secondee Tom Jaggar (a pupil with the GLS based at HM Revenue and Customs) is in two parts, and considers both practice and procedure in the condemnation of tobacco and alcohol in magistrates' courts from travellers entering the UK from the EU.
"Bootlegging" has been the focus of much press coverage in recent years, and is one of a number of specialisms that the Asset Forfeiture Group at 3PB is able to offer.
A full copy of the first part of the article may be found on the Criminal Law & Justice web site.
The second part should be available on line from 7th May 2010.
The third edition of one of the leading textbooks on asset forfeiture "The Proceeds of Crime" by Trevor Millington O.B.E. and 3PB member Mark Sutherland Williams is due to be published by Oxford University Press in the spring of 2010. The second edition proved to be a run away success, with sales in excess of 1000 copies. The third edition features discussion of the recent case law, including coverage of the recent House of Lords and Court of Appeal decisions on confiscation. The book also provides commentary on restraint, receivership and the asset recovery provisions, together with condemnation and the restoration of goods. Included in the third edition is a Foreword by Lord Justice Toulson and legislative extracts from the Proceeds of Crime Act 2002.
Asset Forfeiture Group member, James Chegwidden, has had his article on whether current UK asset forfeiture law strikes the correct balance between the interests of the general public and the rights of the defendant published on the Proceeds of Crime Lawyers Association website. A full version of James' article may be found at: http://www.pocla.com/pdf/James-Chedwiggen-POCLA-essay-competition.pdf.
3PB AFG member Ambereen Chaudary has had her article 'A practical guide to the enforcement of confiscation orders in the magistrates court' published in the most recent edition of The Proceeds of Crime Review and Journal of Asset Forfeiture and Money Laundering.
Ambereen is an established proceeds of crime practitioner who has a particular interest in the enforcement of confiscation orders, having previously worked for over two years in the Enforcement Task Force at the RCPO.
James Chegwidden, a pupil barrister at 3PB, has had his case commentary on the House of Lords decision of R v Briggs-Price published in the Proceeds of Crime Review.
James is the 2009 Shelford Scholar of Lincoln's Inn and has recently been awarded Lincoln’s Inn’s Peter Duffy Human Rights Award, a human rights scholarship for junior barristers. The award is given annually by the Inn’s Scholarships Committee to the junior barrister of the Inn who has demonstrated to a high degree his “knowledge of European law and … strong, genuine interest in human rights”. The award consists of a three-month funded internship at the European Court of Human Rights in Strasbourg, allowing the candidate to observe and participate internally in the workings of the court. A feature of James’s application was the number of cases he had been involved with during pupillage at 3PB with a human rights dimension whilst working with 3PB's Asset Forfeiture Group, especially the House of Lords appeal in R v Briggs-Price [2009] UKHL 19 concerning ECHR Art. 6(2)’s right to fair trial and the Court of Appeal decision in R v Wright [2008] EWCA Crim 3207 (ECHR Art. 7 and the doctrine of nulla poena sine lege).
Charlotte Hadfield's case commentary on R v Islam has been published on the Proceeds of Crime Lawyers Association website. A copy of the article may be viewed in the POCLA compilation of articles.
Mark Sutherland Williams' articles on 'Civil recovery and the Proceeds of Crime' and 'Tracing Recoverable Property' have been published on the Proceeds of Crime Lawyers Association website and can be viewed in the POCLA compilation of articles.
Rupert Jones has accepted an invitation from the Oxford University Press to edit the confiscation chapter in the forthcoming edition of Blackstone's Criminal Practice. Rupert is a highly regarded member of 3PB's Asset Forfeiture Group.
Mark Sutherland Williams and 3PB second six pupil James Chegwidden have had their article 'Financial Reporting Orders and the ECHR' published in the Criminal Bar Quarterly. The article follows on from the decision of the Court of Appeal in R v Wright (5 Crim LR 2009), in which MSW was led by Michael Parroy QC.
"Whose car is it anyway?", an article by Mark Sutherland Williams and Caroline Stone discussing restoration before Tax Tribunals, was published today in the New Law Journal. The article focuses on the restoration of vehicles that have automatically been seized following the importation of excise goods for commercial purposes. 3PB's Asset Forfeiture Group has significant experience of condemnation and restoration proceedings.
Barry Stancombe's article on the case of Lexi Holdings, entitled 'The Unsecured Creditor: Restraint Orders and the Proceeds Of Crime Act 2002' was published on Crimeline today. The article focuses on the Court of Appeal's decision in Lexi, in which Barry was instructed. Barry Stancombe is a leading member of 3PB's Asset Forfeiture Group, which encompasses civil and commercial fraud and receiverships.
Ambereen Chaudary and Caroline Stone had articles published today in the most recent edition of the Proceeds of Crime Review. Ambereen's article is a case commentary on 'Joyce' and considers civil sanctions within the confiscation regime. Caroline's article focuses on the case of 'Morgan' and the related subject of the Crown's ability to pursue defendant's. Both Caroline and Ambereen are members of Chambers highly regarded Asset Forfeiture Group.
Mark Sutherland Williams has co-authored an article on the case of Sivaraman in the Proceeds of Crime Review. The article is entitled "Be that as it May: R v Sivaraman and the Court of Appeal's approach to benefit in confiscation orders" and was co-written with 3PB pupil, James Chegwidden.
An article by Ian Lawrie, arguing that the use of the Proceeds of Crime Act against fishermen is unjust and a use of the Act for which it was never intended, is published today. The article is published in Fishing News.
The Proceeds of Crime Review, published by Wildy's, featured 3 articles by the 3 Paper Buildings Asset Forfeiture Group members Ambereen Chaudary (Deamer v Southampton Magistrates'), Charlotte Hadfield (R v Togher) and Rupert Jones (Receivership after Capewell).
Ambereen Chaudary’s article "Conveyancing Restrained Property - Consent, Care, Caution and Communication" has been published in the Law Society's "Property in Practice" Magazine. Ambereen specialises in asset forfeiture legislation and has a particular interest in the enforcement of confiscation orders following conviction and the drafting of restraint orders.
The first part of an article entitled "Recovery and Seizure of Cash under the Proceeds of Crime Act 2002" by Mark Sutherland Williams and Katherine Anderson has been published in today's edition of Justice of the Peace (volume 171, number 29). The second part dealing with practice and procedure, will be published in next week’s magazine.
3PB is delighted to announce the publication of the second edition of ‘The Proceeds of Crime’, co-written by 3 Paper Buildings member Mark Sutherland Williams. The first edition proved to be a resounding success and the new edition has been completely updated to incorporate recent case law, amendments made to the proceeds of crime legislation by the Serious Organised Crime and Police Act, and also now includes a dedicated chapter on the condemnation of bootlegged goods and obtaining their restoration. It focuses on both civil and criminal procedure and reviews of the first edition included:
'.....by far the best book on the subject' .- Henry Milner, Solicitor and Partner, Henry Milner and Co., London
'...an essential and invaluable text...' Criminal Bar Association News
'....not only an invaluable introduction to the area, but also a continued source of practical assistance.' - New Law Journal
'....simply indispensable to anyone concerned with the criminal law.' - Justice of the Peace
'A well structured and lucid guide to a complex subject. An essential text for any criminal law practitioner." Warren Foot, Blake Lapthorn Tarlo Lyons Solicitors, London.
The Proceeds of Crime by Trevor Millington and Mark Sutherland Williams is published by the Oxford University Press on 27th March 2007 at £95. Further information may be obtained from either: Oxford University Press, or Amazon.
The Proceeds of crime and asset forfeiture unit has published two new thumbnail guides. The guides set out the essentials of Restraint Orders and Receivership Orders.
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